Hi.
The story: The girl came in the US 5 years ago in the US with family on H4 visa (dad was H1). She finished high school in the US, started university in the US. Shortly before turning 21, the dad applied for her for I485 (dad got I-140 approved). But before the application was sent to USCIS, she left US for study in UK for a semester. The application was still sent to USCIS by the lawyers (not knowing that she left).
The girl voluntarily withdraws I485 for her and gets all the papers together from the US University to apply for F-1 visa in her country (in Europe). She answers "No" on the application for the F-1 visa at the questions about application for permanent residency (the immigration lawyer advised her that the question refers to I140 application on her name and not I485).
At the US consulate in her country, the consular officer kept intimidating her and insisting that she lied on the application. The girl insisted that the immigration lawyer advised her to answer No because the question pertain to a I140 application. Finally, after many back-and-forth, they stamped the F-1 visa on her passport, warning her that they will include a provision stating that the entry in US is at the disposition of the immigration officer at Port-of-entry (POE).
She is scared. What are the chances that they will not let her get in at POE?
Have you ever heard of such case?
Thank you. We really need your opinion.
The story: The girl came in the US 5 years ago in the US with family on H4 visa (dad was H1). She finished high school in the US, started university in the US. Shortly before turning 21, the dad applied for her for I485 (dad got I-140 approved). But before the application was sent to USCIS, she left US for study in UK for a semester. The application was still sent to USCIS by the lawyers (not knowing that she left).
The girl voluntarily withdraws I485 for her and gets all the papers together from the US University to apply for F-1 visa in her country (in Europe). She answers "No" on the application for the F-1 visa at the questions about application for permanent residency (the immigration lawyer advised her that the question refers to I140 application on her name and not I485).
At the US consulate in her country, the consular officer kept intimidating her and insisting that she lied on the application. The girl insisted that the immigration lawyer advised her to answer No because the question pertain to a I140 application. Finally, after many back-and-forth, they stamped the F-1 visa on her passport, warning her that they will include a provision stating that the entry in US is at the disposition of the immigration officer at Port-of-entry (POE).
She is scared. What are the chances that they will not let her get in at POE?
Have you ever heard of such case?
Thank you. We really need your opinion.